It is obvious that traversing this path requires guides
who with their extra-ordinary knowledge and piety may guide all and may
set an example for them to follow.
Human knowledge and intelligence being limited, it
is quite likely that we may make a mistake in determining what is in our
interest and what way leads to our eternal happiness. Hence there must
be some persons, who, because of their communion with the metaphysical
world. are in position to find the right path and show that to others.
That is why, we say that it is not conceivable that
the All wise and Rational Allah would leave us in darkness. His limitless
benevolence demands that He, through His chosen prophets, themselves human
beings, puts necessary laws and programs at the disposal of mankind.
Prophets are the chosen and distinguished person who
get in contact with Allah, find out the truth and communicate it to the
people. This contact is called revelation. It is a special kind of contact
between a prophet and Allah. A Prophet with his inner eyes sees the mysteries
of the universe, and with the ears of his heart listens to divine calls
and conveys them to the people.
Prophets are Infallible Prophets must not commit any sins. errors or mistakes,
otherwise they cannot be fully relied upon in the performance of their
mission. They should be rendered by Allah immune from sins and mistakes,
so that people may repose cent percent confidence in them. If they be liable
to commit sins and mistakes, they cannot be a mode and example for others,
nor can their acts. sayings and ideas become a source of a code of conduct
to be followed.
This immunity from sins and mistakes is called Ismat
(infallibility), and those who possess it are called Ma'asum (infallible).
Number of Prophets Traditions tell us that for the guidance of people
Allah has sent about 1,24,000 prophets, first of them being Adam and the
last Muhammad (S) son of Abdullah.
Prophets are divided into two groups. Some received
revelation, but were not charged with the mission of propagation. Others
had such a mission. Some of the latter group did not have a distinct code
of laws of their own, but spread the laws of another prophet. It has also
happened that at the same time there were several prophets, carrying out
their functions in different countries or different cities and towns.
The most outstanding prophets. who brought independent codes of law were five. Their names along with the names of the Books revealed to them are given below: 1. Noah (A) Epistle 2. Abraham (A) Epistle 3. Moses (A) Torah 4. Jesus (A) Evangel 5. Muhammad (S) Quran
Aims of Prophets The program of the prophets includes : 1. To lay the foundation of justice on a firm basis. 2 .To teach and educate. 3 .To combat every form of superstition, corruption,
undue discrimination and deviation from divine unity, truth and justice.
The Holy Quran says: "Surely we have sent Our messengers
with clear proofs and we have sent own with them the Book and the balance
(necessary Laws) so that mankind may keep justice."
In respect of the Prophet of Islam it says: "It is
he who has raised up among an unlettered people messenger from among themselves,
who recites to them His verses and purifies them and teaches them the Book
and the wisdom although before this they were in a clear error."
This is the noble aim for which the prophets have
been sent.
Proofs of Prophethood Prophets must have a living and clear evidence to
prove their apostolate. This evidence must be an achievement which is beyond
the power of ordinary man, so that it may be proved that they are in communion
with the metaphysical world and are inspired and take instructions from
there.
The stories of the conversion of the rod of Moses(A)
into a python and the coming to life of the dead and the recovery of the
born blind through Jesus (A) re undeniable. The story of speaking of Jesus
(A) in cradle has expressly been narrated in the Holy Quran.
Similarly the Prophet of Islam, though raised from
amongst the most backward people, brought the book which is the masterpiece
of knowledge, methods of education and secrets of creation. admittedly
it is beyond human power to accomplish such a feat.
That is why we call the Holy Quran inimitable. The
Holy Quran, is miraculous from several angles. It's literary style is so
wonderfully striking that its enemies called it a magical act and advised
people not to go near Muhammad (Peace be on him and his progeny), whose
penetrating words bewitched the listeners and pulled them to his system.
This shows that even the enemies were convinced of the Holy Quran's extra-ordinarily
striking effect.
Apart from it's style, the contents of the Holy Quran are such that within a short time they brought about an extra-ordinary changes in the environment of the world and laid the foundation of a bright culture along with a vast scientific and intellectual revolution. Further, the Holy Quran in several of its passages
has referred to a number of scientific truths which were totally unknown
in that age and centuries later attention of research scholars was drawn
to them. Such reference include the question of rotation of the earth (Naml,
verse 90), existence of male and female cells in plaints (Taha, verse 35),
existence of two contradictory forces within all particles, i.e., composition
of atoms of negatively charged electrons and positively charged protons
(Zariyat verse 29) and the law of gravitation (Ra'd, verse 2). For these
reasons it must be admitted that this Book, which is the eternal miracle
of the 'Prophet of Islam, is not the product of any human brain. It is
the word of Allah, which descended into the heart of the Holy Prophet from
the metaphysical world. That is why the Holy Quran, in a number of passages,
has challenged the unbelievers to produce a book similar to itself. Though
the diehard opponents of the Holy Prophet (S) tried their best, they could
not succeed.
The Holy Quran expressly say: "Say: Surely if all
men and jinn combined to bring the like of this Holy Quran, they would
not be able to do so, even if some of them were to back the others." This
challenge of the Holy Quran still holds good. The Holy Quran, still throws
a challenge to all the intellectuals of the world to bring a like of it,
if they doubt its divinity. Their failure to accept the challenge is living
evidence of the inimitability of the Holy Quran.
The Quran Is Unaltered The Holy Quran is a book which preserves its original
form and remains unaltered, because its special style and composition are
such that nothing can be added to it nor anything can be deducted from
it. If such an attempt is made by anyone, it would before long be detected.
Moreover, a large number of the companions of the
Holy Prophet (S) from the very beginning of the descent of the Holy Quran
put all its verses to writing so that they may remain immune from any alteration
or change. The names of these persons are recorded in history and they
are known as scribes of the revelation. Imam Ali (A) is one of the most
outstanding amongst them. Further, it is historically well known fact that
hundreds of persons during the Prophet's time and thousands in the following
centuries learned the whole Quran by heart and recited it to the people
on all occasions. Such people are called Huffaz. (memorizers of the Holy
Quran).
This tradition still continues and even now a large
number of persons are found in Islamic countries who know the whole Quran
by heart and can easily recite it from memory. This arrangement of preservation
through scribes and memorizers and the unique style of the Holy Quran are
the, proofs of its originality and unaltered purity. It is evident from
the above why the Holy Quran has remained unaltered and has not undergone
the slightest change.
If the Muslims want prosperity and glory and want
to regain their lost position and prestige they have no alternative but
to follow and abide by the firm teachings of the Holy Quran. That is the
only way how they can solve their apparently incurable social problems.
Call of Islam Like all revealed religions, Islam called for the
acknowledgement of the Unity of Allah and combating the worship of anyone
or anything else. Islam lays the greatest emphasis on Divine Unity. The
very first sentence which a neo-Muslim utters is 'There is no god but Allah.'
Anyone who professes the Unity of Allah and the apostolate
of the Prophet of Islam becomes a Muslim without any further formalities.
Next to unity, Islam calls for justice, Obedience of Allah, piety, cleanliness, banishing undue discrimination, work and effort in life and knowledge. It also calls for thinking and urges us to refrain from disunity and dissensions. The Holy Quran says. "I exhort you with a single exhortation, namely that you stand up for the sake of Allah in twos (collectively). or singly, and then think." Islam proposes that religion should be accepted out
of free will coupled with logic and reasoning and not through force or
compulsion, for belief is not a thing to be imposed by force or compulsion,
for belief is not thing to be imposed by force.
"There is no compulsion in regard to religion. The
right way has been made distinct from the wrong way."
Islam the Last Revealed Religion Just as an individual has to pass through various
educational stages, like primary school, secondary school and the stage
of higher education before he reaches the final stage, similarly from the
point of view of religious teachings, humanity has passed through several
evolutionary stages, till it has reached the final stage, which is Islam.
Islamic Principles Accord With Human Nature Human nature everywhere and every time is more or
less the same. Thus humanity is the common factor among all the people,
whether they are white or black, Arabs or non Arabs, men or women, old
or young, rich or poor, weak or strong, wise or ignorant. Whatever they
are; their innate nature is the same, their being in the Stone Age or the
Space Age makes no difference at all. The compiler of the "History of Political
Philosophy" observes:
Habits and customs are the robes in which our unchanging
body as a solid fact, is clothed and these robes are there in every country
and every society in some or the other shape and colour, although human
temperament as a reality is one and the same and is there in accordance
with specific principles. This is to such an extent that psychology {which
deals with human nature), contains nothing but this unchangeable nature
of man. Thus so long as man exists and retains his nomenclature of man,
this nature remains and will not alter at his hands.
Man's Individuals and Natural Needs Human needs are of two kinds the primary needs and
the secondary needs. The needs under discussion here are the primary needs.
They spring from man's physical and spiritual edifice and its foundation
and from his social nature and he is subject to them all in his capacity
of man.
Sociology has also called attention to this reality
that there are common words in the dictionaries of different societies
and these are quite in conformity with man's nature and they can all be
recognized in their meaning,
Keeping in view the fact that all men are the same
in their build and that they have the same characteristics. and requirements
are commonly the same and are of the same kind and the same way. For instance,
at no time and for no nation is it ever possible not to be bent upon waging
war against an enemy who is determined to wipe the other out, particularly
when there is no other way to get him out of their way except through bloodshed.
In such a case it is not possible for a people so confronted to bar bloodshed.
Similarly no society can run away from the obligation
of feeding the people, protection of whose lives is its own responsibility.
Nor can any society put a ban on the sex life of its members. Thus there
are other numerous examples which throw a flood of light on the unchangeability
of human nature which is the same at all times and in all ages.
These are the natural aptitudes which are latent in
man since his birth. They emerge when man grows and develops or when the
obstacles in their way are removed. They give birth to new needs and ultimately
help the growth of man's culture. However, no factor in one culture can
ever tolerate that our primary needs be suspended. For an example, it can
be said that as a result of our civilization we are used to finer food,
richer clothes and easier and pleasanter being. But it can't be said that
our needs of eating, drinking, sleeping and living are a result of our
civilisation. Nor can it be said that before the civilisation there was
no eating, drinking and living. Surely these are the needs of our existence.
It is also the demand of nature that when specific
and definite habits have a routine of their own, then there ought not to
be anything which might cause a change in these definite and specific habits.
It is this nature of man which the Islamic Principles
have in mind. Since the religion of Islam is for the whole world and is
not meant for any specific group or people, so in the forming of its moral
code it is this nature of man which was kept in view. His basic needs have
been taken into account in fixing Islamic principles, thus it is that in
conformity with man's basic unchangeable nature, Islam has a code of unchangeable
laws of life, a code that admits of no change at all, in spite of the fact
that this code exists in many lands and for indefinite time without a change.
The injunctions of Islam have been framed to suit
the creation of man and to be in harmony with his aptitudes and his attributes.
"Turn your face to the stable religion." Religion
is that nature of Allah on and after which God has created people. There
is no change in God's creation and it is this religion which has encompassed
man. So long as man is man, this nature will invariably be his. Future,
present or past don't affect it. It is an established truth that human
temperament does not change. Nor can it be said that along with the time
human nature has changed and that something else has taken its place.
Islamic teachings are based on nature. It is the same
nature which Providence has decreed and since it is divinely ordained,
it can admit of no change. Thus religion means this very unchangeable nature
of man.
It is clear from this that a system of permanent and
stable principles is quite necessary for this human nature. So in its call
Islam has said nothing beyond this. Thus according to Islamic ideology
only such code of principles can be offered for human nature as is practicable
by the people in general and particular. According to these eternal principles
there can be no difference in the simple and plain life of the primitive
man and the life of the present civilized man with all his complicated
ways of life since their basic inherent nature is the same. Nor can the
different modes of life have any effect on man's unchangeable nature, no
matter whether he travels in animal-drawn vehicles, whether he travels
in jet planes or atomic submarines, whether he lives in caves and eats
wild roots and fruits or whether his abode is palatial buildings and his
dining table is full of choicest dishes and his bed is of fur and velvet.
His inherent nature is the same.
These ways of life are temporary and are of little
value from religion's point of view. What is aimed at is man's training.
It is the development of those basic aptitudes with which man is endowed
according to his capacity. This really means that Islam is another name
of those aptitudes, those trends which are hidden in man. Thus Islam is
to be found true to the highest standard of man's evolution. It is true
by whatever criterion it is judged. So, as long as man is there in this
world, so long will Islam and its code remain true and will not grow old
with time.
Realistic Nature of Islamic Principles In modern law-making, the basic features of the subject
of legislation are not kept in view. So it is possible that a law is made
which is beneficial only partially and which is harmful as a whole and
which is hidden from our eyes. Wine drinking for example is an undesirable
habit and in view of its evil consequences, it can be regarded as a serious
menace to human existence. Yet, in consideration of the material and financial
gains that accrue from wine, government deems it justified. Such also is
the case with gambling and prostitution dens.
The Islamic principles are, however, quite different
in their composition because they have come to us from the Creator of this
universe. God has created this universe and He is in the Know of all the
ins and outs of it. In His Knowledge past and future are the same. His
Knowledge is in conformity with nature because He Himself has created the
nature. Islam keeps in view human nature as it is and as made by God. It
pays attention to this aspect and to man's natural desires and inclinations
in the same way a human nature was kept in view while making the Islamic
code.
In the same way, while selecting the topics of Islamic
injunctions, human nature has been kept in view and it has been made quite
clear that these injunctions, are subordinates to their being profitable
or injurious. This is an indication that there is harmony between human
nature and Islamic teachings. Basic characteristics that are the topics
of the injunction will remain so long as the topics themselves remain.
Thus the unchangeable nature of the characteristics of things is also reflected
in the unchangeable nature of Islamic injunctions. Thus the laws framed
on this basis will remain so long, as this basis remains. This relationship
of the Islamic principles with their effectiveness in being beneficial
or harmful grants them an eternal status.
For example, Islam regards the false person as an
enemy of God and declares the evil flowing from the false person as breach
of trust. Can this now be said that falsehood is breach of trust but only
for the people living fourteen hundred years ago and that for the people
in this age of science and wisdom, falsehood is not breach of trust ?
Similarly, Islam has declared wine drinking as wholly
unlawful. The Holy Quran treats it as an evil and describes it an act of
the Devil. The Holy Prophet has called it the mother of vices and the begetter
of sins.
He has termed the drunkards as accursed. The punishment
for a single sip of wine is eighty stripes. It can't be denied that it
is only out of consideration for the ruinous consequences of wine drinking
that Islam has declared it unlawful. It is also an established fact that
the great harm of the intoxicants will be there so long as the intoxicants
are there.
Is this, therefore, not stupid for some one to say
that drinking was an evil fourteen hundred years ago but in this age of
space and moon flights it is not an evil at all ? No year of history passes
without there being hundreds of cases of murders, suicides, defalcations,
burglaries, adultery, degradation and obscenity as a direct result of this
fatal poison of drinking. Can it be claimed that now this outmoded prohibition
is not worth being reed ? The law that speaks the language of nature can
never grow outdated and outmoded. This is so because there is no new and
old for truth and reality. Truth and reality is always fresh everywhere
and every time.
Islam has severely censured adultery, obscenity, sex-license
and lawlessness. To guard the honor of the people, it has ordered for the
first time that a hundred stripes be delivered to the man and woman guilty
of illicit sex relation. As compensation for this immoral act, it has also
ensured by law that the public shall witness and be present at this whipping.
Can any sensible person still maintain that such laws
have grown old and that they are meant for backward people only or that
such laws were well observed in the past but now in this age of liberty
and sex freedom, they have become defunct and meaningless ? If we look
at the sad plight of the West in particular and how it has lost its glamour,
we will realize that these laws have not only not grown old but also will
never grow old.
The long and short of this is that whatever Islam
has declared to be lawful and unlawful is on the basis of its being beneficial
and because there is a purpose behind it and because it is expedient. Whatever
is declared to be lawful in Islam is for the good of man and whatever is
declared to be unlawful is in some way or another harmful for him, whether
this harm is material or moral. Man is not aware of this truth about the
things. There will come a time when man, on the basis of his knowledge
and experience will get acquainted with them.
How just are the words of the British thinker Mr.
Wells !
"A religion I know and about which I have often said that it is fully aware of the secrets of creation and of the reality of things and which is co-extensive with civilization, is the religion of Islam and Islam only." Reality is Always Fresh Every thing possessing factuality and reality is not
only always new but also it never gets old. For instance look at the theories
of Plato and Aristotle. Although two thousand five hundred years have passed,
yet it is fresh and will always remain so. The passage of time does not
affect it. In his time two and two made four and they make four even today,
and two thousand years hence, also, two and two will make four. The upheavals
of the world and the march of time have no effect on it.
There is no doubt that every principle of Islam is
in harmony with the system of Creation in every respect. No where in this
world do we find a law as natural and as close to reality as the law of
Islam. In other and better words it should be said that the principles
and the teachings of Islam are reality itself. Had it not been a religion
of nature, it would have been exterminated by the vicissitudes of the world.
Rather it is very much alive to this day, though it had no material props
for its survival. Nor does it have them now. This is in spite of the fact
that in every age all attempts were made to wipe it off and such attempts
are still being made. The secret of it all is that it has a touch of the
supernatural and its progress is bright. The great thinkers of the West
are amazed at this. The reason is that Islam is a natural constitution
and it accords with the nature of life. It will exist so long as the world
exists.
Although fourteen hundred years have passed, the greatness
and grandeur of this religion is quite apparent from the fact that what
the Holy Prophet (S) said at that time is true even today and for man's
happiness and wisdom it is quite necessary to act upon the constitution
he provided. For this reason his message is always fresh and vital. For
and in every age it has in its soul a noble and casting ideal of life worthy
of the human race.
Only by adherence to Islam can man come out safe and
successful from the storm of life. It is only by acting on its principles
that man create harmony between his life and the vast creation of Allah.
Thus it is that the Islamic way of life and man's
progress and civilization, can never be at conflict with each other, since
Islam gives guidance along the path of God by giving a man and instilling
in him a sense of his responsibility and a sense of his greatness in making
sacrifices for a high and sacred cause.
The Nature of Islamic Laws The injunctions of the revealed religions are of two
kinds. The first kind consists of injunctions that are stable and invariable,
these do not die out with the passage of time but rather join a higher
form of religion despite vicissitudes of the world.
The second kind of injunctions are specific in respect
of time, place and conditions. Such injunctions get worn out and become
outdated with the passage of time and they are replaced by new ones. It
is in respect of such laws that we say, "the old religion has changed yielding
place to new."
The displaced injunctions are also meant to operate
only for a time and place and as such they represent reality though in
part only. How is it then possible that one reality should displace another
reality ? On this ground, a new religion need not annul all the injunctions
of the old religions.
Rather there are in the revealed religions injunctions
that are stable and unchanging and towards which all the prophets right
from Adam to the last Prophet Muhammad (S) have invited the people.
It is also possible that annulment of a law is provided
for in a religion's constitution. There may be a law which may be superceded
by another law. In Islam itself there are examples of this and they have
been regarded as unstable and variable.
In view of man's stable and unchanging needs, Islam
has formulated stable and unchanging laws and considering his changing
needs has also foretold the change in its modus operande. Thus in an Islamic
society the operative laws are of two kinds.
1. Eternal Laws
2. Variable Laws
The first kind includes those laws which were revealed
to the Holy Prophet for a natural religion. And which were declared to
be operative for mankind under all circumstances. For example. there are
principles like justice, peace, liberty, cleanliness, the keeping of covenants,
truthfulness, righteousness, honesty, doing good to all, sacrifice, fight
for the right cause, love and sincerity, obedience of Allah, abstaining
from cruelty and aggression, Combating undue discrimination, corruption
and tens of other rules of morality. Similarly, Islam prohibits defamation,
discord and dissention, libertinism, falsehood and forgery .These are questions
of eternal values which admit of no change. Even after millions of years
tyranny will not become good and justice will not become bad. The important
portion of the teachings of Islam is concerned with these abiding principles
which do not change in any age.
Thus an elucidation of this truth is to be found in
the traditions, that what Muhammad (S) declares to be lawful is lawful
till the Day of Judgment and that what Muhammad (S) declares to be unlawful
is unlawful for all time to come. Time has no effect on such laws. Like
the exact formula of mathematics they remain exact at all times. This is
so because there is at their back the basic needs as dictated by nature
inherent in man. It is an established fact that human nature will remain
the same so long as man remains man. There can be no change in this.
The second kind consists of laws that are framed according
to the exigencies of time and place. These laws are not based on a strong
and stable foundation. So they keep on changing according to the development
of civilization and according to good or bad circumstances. Such laws depend
on time and place for their existence, because it originates from human
requirements which change with the passage of time. The questions covered
by this portion include the relations and treaties of the Muslim countries
with non-Muslims, political and economic relations, defense tactics, defense
requirements and many other similar questions.
There is no denying of the fact that such things do
change, and every age has its own especialities. But Islamic teachings,
in this field consists of a large number of general rules which are applicable
to every age and meet all requirements of the changing circumstances.
For example, in connection with defense preparations
and equipping military forces, the Holy Quran says: "Prepare you (Muslim),
against them whatever you can of forces and well-fed horses to put terror
amongst the enemies of Allah and your enemies."
It is remarkable that after enunciating the general
rule utmost preparation should be made against the enemy and every possible
war equipment should be acquired. It has been expressly stated that the
aim is not aggression or manslaughter. but the aim is to fill the enemy
with awe so that he may be terrified and may not venture to resort to war
This is an example of the general rules of Islam to
meet the requirement of every age. The same is the case with all questions
which undergo a change with the passage of time. In fact Islam has a series
of general rules, details of which can in every age be adapted to particular
requirements.
Besides those divine leaders who are a competent authority
in this respect, have certain powers which have been scrupulously defined
in Islamic law. Using these powers they (Mujtahids), can, when necessary,
meet the requirements of any special circumstances. The well-known decree
forbiding temporarily the use of tobacco and enjoining the economic blockade
of a foreign imperialistic company, which was issued in Iran by a religious
authority in 1309 A.H. to counter foreign influence, was of this very nature.
In Islamic terminology, such a decree is called "Hukm-al-Faqih" a jurist's
order.
Righteous Rulers Protect Religion from Getting State To meet the changing needs of society, Islam has kept
in view the mode of life of the same nature and has thus rendered, the
changing conditions stable and unchanging. In this connection. Islam has
permitted the Spiritual Guide to issue judgements in accordance with the
requirements of time and frame rules and implement them accordingly.
Although these rules are to be issued in the same
manner as the stable ones, yet they have difference of their own. In that
difference, they have to depend for their life and stability on those needs
and requirements which have given them birth and to which they are subordinate.
Since the Islamic Society is revolutionary and evolutionary in nature,
so also these codes of laws keep on changing, yielding place to new and
better codes of rules.
This is the reason why the verse "Ulil amre minkum"
enjoins that the Spiritual Guide is to be obeyed in the same way as God
and the Holy Prophet are. Apparently these powers, in the first phase are
associated with the person of the Holy Prophet and with his government.
After the Holy Prophet, the powers are associated with the governments
of the Imams (Spiritual Guides) and afterwards, through them, with the
other lawful governments.
Thus, in the first phase, after the Holy Prophet,
the spiritual guides are the persons of the Holy Imams who incorporate
within themselves divine chastity and after them, in the subsequent phase,
only those persons will be the holders of this high honor, who truly represent
them and who are their deputies.
The jurisdiction of these powers is very wide. An
Islamic Government, in consideration, of new circumstances and new requirements
of the time, can frame laws according to the basic principles of Islam
and the traditions of the Holy Prophet, if such laws did not exist before.
Islamic rulers have the power to meet the changing
needs and new situations of every age and country and fulfill the demands
of the Muslim Society in such a way that the fundamental provisions of
Islam are neither annulled nor infringed.
Ijtehad It means assiduous efforts to deduce a ruling from
the Holy Quran, the sayings and doings of the Holy Prophet and the Imams
for a comprehension of divine injunctions.
At present this deduced decision (Ijtehad) imposes
upon the sages and the learned scholars a serious and highly responsible
duty. During the regime of the Holy Prophet, Ijtehad (deduced decision)
had a sensitive and foundational role and in reality it is a bridge that
connects the future with the past. This is the prerequisite to keep the
Islamic Code eternal and it has rightly been termed as the dynamic force
of Islam.
The highly esteemed Muslim Philosopher Abu Ali Sina (370- 428 A.H.) has stated this question in sparkling style thus : The unchanging and stable principles of Islam are
limited. But accidents and events bring along with them specific problems.
Therefore, it is essential that in every age, there should be a band of
scholars, well-versed in Islamic code, well-acquainted with the world problems
and with the demands of the time so that it could bear the responsibility
of finding solution of these problems on the basis of Ijtehad, that is
to deduce a judgment for the problems from the holy book and the traditions.
Why not so ? The world is advancing with terrific
speed and this is necessarily giving birth to such strange new problems
as could never be conceived in the past. In meeting out these new demands,
there is genuine need for such a living and enlightened jurisprudence,
as will keep abreast of time and as will reconcile man's new life with
the connotation and denotation of Islamic Jurisprudence, so that along
with the advancement of knowledge, the spirit of religion could be instilled
into human mind and heart.
According to the needs of the time, they have to present
Islamic jurisprudence in such a manner as to justify its needs to understand
and solve the new problems in its light and guidance. This is essential
so that religion should not get stale and stagnated in the new set-up and
relapse into the past.
Among the traditions of deduced decisions and emolution, one states: Ishaque son of Yaqub, submitted a letter to the Imam of the time, in which he had stated the remedy he had discovered for the adversities which had befallen him. Muhammad Bin Usman Samic. The special representative of the Imam, put up this letter before him. The Imam replied to the letter in his own hand : In respect of adversities and events you should refer
to our narrators as they are the proof of us for you as we are the proof
of Allah.
In this tradition actual adversities mean the new
problems cropping up. The writer had raised a question as' what they should
do when confronted by a problem and when they have no access to the Imam.
The Imam replied that in a case like that they should refer the matter
to the jurist and to the man in authority.
Some contemporary jurists are of the opinion that
the occurrences don't mean problems and religion's decisions since this
is quite common to the Shia sect that in these matters the reference should
be made to the jurists. They think that there occurrences mean those problems
which keep cropping up in the life of the Muslims, that is they wholly
encompass the cultural, intellectual, social, political and economic events.
At any rate, whether they signify event and occurrences
or whether they signify those new problems which crop up and subside in
every age and time, they really have only one meaning that in both the
cases, you have to refer to the jurists and the narrators to know your
duty in that respect. This is an enlightened precaution of Shia jurisprudence
that during every age new problems keep on growing, for which the old law
offers no solution. Thus it is essential for jurisprudence to take due
notice of the truth and after weighing them in the balance of knowledge
and deduced decisions, solve them and furnish an answer for them.
By a study of and research into the juristic compilations
of different countries, it is concluded that ever new problems do crop
up and the jurists do furnish solutions for them. Thus slowly has our jurisprudence
grown in volume. For example, when we study the books of jurisprudence
prior to Shaikh Abu Jafer Tusi, 400 A.H., we come to know how brief they
are and how limited were the problems then. Then Shaikh Tusi widened the
scope of jurisprudence and brought about a revolution through the compilation
of his renowned book , "Al-Mabsoot."
Thus from age to age, through the efforts of the jurists,
and the scholars, the volume of jurisprudence kept on growing, until a
century ago it was possible for the author of 'Jawaher' to complete one
series of jurisprudence by dint of hard labour of a life time.
So extensive has jurisprudence grown in our time,
that it is not possible for any single person either to write or teach
a full series of jurisprudence with research and interpretation. From this
truth, it is easily known how Islam, in different periods of history ,
has forestalled the problems of change, revolution and newness and how
it has held the jurists responsible in confronting these problems. This
is precisely the secret of Ijtehad that it should reconcile Islam with
the demands of the Age. Thus Islam encompass all the decisions and injunctions
that are to be issued and awarded till the Day of Judgment, and which decisions
and injunctions, this world will need for its good fortune and for the
completion of its evolution.
In "Al-Kafi " there is a whole book, the topic of which precisely is "All needs of mankind are covered by the holy book and the traditions ". The Holy Quran explains every thing. The Imam states on oath that all the needs, that will arise during all ages for the Muslims, are to be found in Islam and that there is no room for any doubt about it. This is not merely a claim. On the contrary it is
a reality which has been acknowledged by the legal experts of the East
and the West. They also accept the high teachings of Islam as a dynamic
school of lasting legal system.
The esteemed philosopher of Europe, Santayana says
that " the Code of Islamic Jurisprudence is so full of legal provisions,
that it has to be admitted that for the organisation of Muslim Society
it is a perfect legal system."
Prof. Hockin, Professor of Philosophy in the Harvard
University and a renowned American scholar in his famous book after criticizing
the principles of Islamic Jurisprudence states :
The secret of progress for the Islamic countries does
not be in aping the values and the ways of the Western life and to install
them in their own life. Some people ask whether there is room for the creation
of new thoughts in Islam and whether a stable and distinguished code could
be framed as could agree with and be in conformity with the new needs and
demands of life ?
The answer to this query is that not only does Islam
have the potential for every kind of progress but it also has greater capacity
of evolution than other systems.
The difficulty of the Islamic countries is not that
its system of life has no room for progress. The difficulty really is the
deplorable lack of will on their part to derive any benefit from those
provisions of the Islamic Code as admit of this evolution.
Prophet Muhammad (S)
In the wake of the seventh century of the Christian
era, a youthful man in the prime of his life could be seen walking in the
streets of Holy Mecca, deep in his own thoughts, yet with a gentle smile,
never forgetting to return the salutations of the lowliest, or to pause
and speak a few kindly words to children who flocked around him wherever
he went.
The young man with deep wistful eyes and a sweet gentle
disposition, painfully sensitive about human sufferings, carried with him
an air of nobility and grace that inspired love and respect amongst his
kinsmen. Even in those days he was known as Sadiq and Amin (the truthful
and the trusted). As a lover of nature, and quietude he worried about human
sufferings, and very often retired to Mount Hira for meditation. One night
a voice communicated him the following divine message:
In the Name of Allah, the Beneficient, the Merciful. Recite in the Name of your Sustainer who created. Created man from a clot. Taught man what he knew not. After an interval the Voice from Heaven spoke again, "O you, enwrapped in the mantle, arise and warn, and glorify your Lord." This was a signal for him to start preaching. In the
beginning, Prophet Muhammad (S) invited only those near him to accept the
new faith. The first to embrace Islam amongst women was his wife Khadijah,
and the first amongst man was his cousin Ali (A).
Muhammad (S), the last Prophet, is regarded as the
institute of the highest and final divine training. By the time he was
raised to apostolate, as the result of persistent and long-drawn efforts
of the past prophets, the religious consciousness of the people had reached
such a level that they could receive the best and the most perfect laws,
could understand the highest items of knowledge and could preserve for
ever the heritage of the prophets.
With the raising of the Prophet of Islam a complete
program and a code of comprehensive laws have been placed at the disposal
of humanity. The implementation of the laws and teachings of Islam, would
ensure the prosperity and happiness of human beings in this as well as
the next world. They were adequate for the guidance of people during the
period of the Holy Prophet and they are equally adequate for the prosperity
of the present age as well as the progressive generations of the future.
Seeing that the new religion posed a threat to their
vested interests, the tribe of Quraish tortured Prophet Muhammad (S) and
all converts to the new faith. But the Muslims held fast to their faith
in spite of unbearable hostility and suffering.
In the 13th year of his prophet hood occurred the
most momentous Night of Migration (known as the Night of Hijra) from which
date the Muslim era begins.
Before he left, however, his enemies had made a plan
to assassinate him whilst he was sleeping in his bed. God through Angel
Gabriel made the Holy Prophet aware of the dastardly intention of his enemies.
To make good his escape and to make his enemies believe that he was in
bed, he asked Imam Ali (A) to lie in his place.
On the day the Holy Prophet set his sacred feet on
the soil of Yasrib, the natives named their city Medinat-un-Nabi (City
of the Prophet), to commemorate that historical day.
The Holy Prophet created a brotherhood between the
immigrants and an equal number of well-to-do Medinans. They worked together
to earn their livelihood, and aided one another in the business of life.
Thus the problem of rehabilitation of the displaced persons was solved
satisfactorily.
The Holy Prophet then invited the representatives
of the Muslims as well as the non-Muslims of Medina and with their assent,
endowed the city with a written constitution. Therein he defined the duties
and rights both of the citizens and the head of the state-the Prophet Muhammad
(S), who was unanimously hailed as such.
This document laid down principles of defense and
foreign policy. It recognized that the Prophet Muhammad (S) would have
the final word in all differences. It also recognized the liberty of religion
for all.
The news of the success and glory of Islam kindled
the fires of jealousy amongst the idolators of the Quraish in general and
the Ummayyads in particular. They conspired with the Jews to uproot the
Muslims. There was widespread treachery all round and the Prophet, who
had never wielded a weapon, was now compelled to defend Islam by the force
of arms. Commencing from the battle of Badr, a series of battles were fought
in which the newly formed community defended themselves successfully. None
of these battles were of aggression. Each and every one was for the defense
of Islam.
Seven years later, the Holy Prophet entered the holy
Mecca as a conqueror. He who was once a fugitive in this town, persecuted
by his kinsmen, entered to prove grandeur of Islam with acts of mercy and
generosity.
During the ten years in Medina, Prophet Muhammad (S)
presided over the commonwealth of Islam, and a great change had come over
the character of the Arab people. By the appointment of delegates to the
different tribes and cities, with powers to decide internal as well as
tribal disputes, the ancient system of private vendetta was put to an end
and impetus given to trade and commerce. The style of living and mode of
dressing underwent a great change especially among the women. The reckless
freedom of heathenism was abandoned, and manners became decorous, almost
austers ; gambling and drinking were forbidden. Before this there had been
no privacy in houses; from this time it became customary to have special
apartment for women.
Within a few years Prophet Muhammad (S) established
order and inspired in his people the belief in One God, prohibited idolatory
and made the people ponder not only of this world but the world beyond.
He asked them to practice charity, goodness, justice and universal love.
The whole mission was achieved in his lifetime.
The Holy Prophet was occupied all the while in looking after the new Islamic State and had no thoughts for his personal welfare. A number of believers therefore requested him to permit them to buy land and build house for him. The reply revealed by God was : "Say, I do not ask of you any reward, but love for
the nearest of my kin"
Thereupon the believers asked the Holy Prophet whose
love was made incumbent on them ? The Holy Prophet answered, "Love for
Ali, Fatima, Hasan and Husain " (Peace be upon them).
Anybody who studies the laws and teachings of Islam
carefully and minutely and compares them with others can easily realize
the superiority of the laws of Islam. That is why Prophet Muhammad (S)
is the last prophet, and no other prophet is to come after him. The Holy
Quran has described him as the seal of the Prophets. To believe that Muhammad
(S) is the last prophet is one of the fundamentals of Islam and anybody
who does not believe so, cannot be considered to be a Muslim. Thus Islam
is the last revealed religion. The Holy Quran expressly says: "Muhammad
is not the father of any of you men, but he is the Messenger of Allah and
the seal of the Prophets ". (It may be noted that the Arabic word, 'Khatam'
which is translated as seal, originally meant concluding or ending. It
came to mean seal, because seal is customarily affixed at the end of every
covenant and treaty).
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